Group 10:
Futures of Work
Riding the
Silver Tsunami in Pursuit of Workplace Democracy
Julie C. Cortes, University of Akron School of
Law
As society approaches the end of the first quarter of the 21st century
and recovers from the COVID-19 Pandemic, the economic landscape for Americans
is bleak and arguably the “American Dream” has died. Facing increasing income
inequality, high inflation and wage stagnation, and corporate prioritization of
profit over people, workers are demanding workplaces and policies designed to
combat their exploitation which is inherent in our capitalist economy. This
landscape is ripe for the promotion of democratically based, employee-owned
businesses.
Simultaneously, our economy is facing the “Silver Tsunami” or the
aging of the “Baby Boomer” generation. As the youngest members of the
generation turn retirement age, we must be concerned about the future of the
2.9 million small businesses owned by members of this generation because they
account for more than half of all privately owned small business, employ 32.1 million
people, and account for $1.3 trillion in payroll annually. While some
businesses may pass to family, most of these businesses lack any succession
plan.
While converting aging businesses to worker cooperatives has been
suggested as a solution to this potential crisis, what has not been considered
is the opportunity the “Silver Tsunami” presents to promote and seed worker
cooperative business development in the U.S. This paper explores the current
landscape for workers and the need for democratic workplaces, the unique
opportunity presented by the Silver Tsunami, and the potential to seed worker
cooperatives as a viable business model and path to the American Dream.
Name Image
Likeness and Social Justice: A Case for Legal Support for Student Athletes
Laurie Hauber, University of Oregon School of
Law
Since 2021, intercollegiate athletes have earned over 1 billion
dollars from their name, image, likeness. Without a doubt there are positive
benefits and success stories for individual athletes. Students from non-revenue generating sports
are able to capitalize on social media and promote their sport. More than half
of the highest earning sports in terms of NIL compensation are women’s sports,
for instance. In addition, a large amount of NIL money is going to student
athletes who are low income, many of whom are African American. As such, NIL
provides wealth generating opportunities after years of exploitation that has
disproportionately impacted students of color. However, with the exception of a
small number of high NIL earners, most student athletes must navigate the NIL
landscape entirely on their own. This general lack of support makes student
athletes particularly vulnerable to exploitation. Most students have no
experience with legal matters such as contract negotiation, intellectual
property, licensing, and tax, yet failing to understand these legal issues can
result in civil liability, loss of revenue or athletic ineligibility.
This article discusses why law schools, and clinicians specifically,
should support students in connection with NIL and the feasibility of doing so.
Based on the NIL Project of the Business Law Clinic at the University of Oregon
School of Law, this article provides an overview of the structure, range of
services offered (or that could be offered), and the benefit to individual
athletes and the larger community.
Discussant and Moderator: Shweta Kumar, Georgetown University Law
Center